Law:

Section:

North-West Frontier Province Tenancy Act (XXV of 1950)------S. 4-A---Occupancy rights, . transfer of---Such transfer was alleged to be the result of fraud played in collusion with Revenue Staff---Effect---Once transfer of such rights were found to be the result of fraud played in collusion with the Revenue Staff, all subsequent transfers were void and as such ineffective on the right of the plaintiff---Appellate Court had rightly decreed the suit of the plaintiff in circumstances. Abdul Hamid v. Aziz Bakhsh 1973 SCMR 510 ref. JUDGMENT Suit of the plaintiff, Professor Abdur Razaq Khan, for declaration that Mutation No. 161, attested on 8-8-1969, regarding sale of tenancy rights in respect of 35 Kanals of land, comprised in Khata No.178, Khatuni No.242, Khasras Nos.805, 806 (old) No.700 (new) situate in village Ratta Kulachi and Mutation No.266, attested on 21-9-1970, regarding transfer of ownership, Mutation No.308 attested on 8-7-1979, Mutation No.1010 attested on 27-11-1979 regarding sale of the suit land and Mutation No. 1078 attested on 26-1-1980 regarding exchange of the suit land, as illegal, fictitious, collusive as such ineffective on the rights of the plaintiff, was dismissed ,by the judgment and decree, dated 5-7-1993 of Civil Judge, D.I. Khan obliging the plaintiff to file appeal in the Court of District Judge, D.I. Khan and by his judgment and decree, dated 9-7-1997, the Additional District Judge, D.I. Khan, who was seized of the appeal, accepted the appeal. and setting aside the judgment and decree of the trial Court decreed the suit of the plaintiff, respondent with costs throughout. Aggrieved by the said judgment and decree Saadullah Khan, defendant No.5 has filed in this Court Revision Petition under section 115, C.P.C. 2. According to the plaintiff, in lieu of his claim, the Garden Committee, 1Q.-W.F.P. through RL-11 Serial No.83; dated 29-6-1960, permanently' allotted land measuring 54 Kinals; 19 Manias, comprising new Khasra No.700 situated in village Ratta Kulachi, besides a garden known as Bagai Wala'. Suba, one of the Dakhal Kar' tenant, filed appeal against the said allotment in the Court of the Deputy Commissioner,…

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